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PEOPLE v. SWIFT

213 A.D.2d 355 (1995)

624 N.Y.S.2d 423

The People of the State of New York, Respondent, v. Islam Swift, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 30, 1995

The hearing court properly exercised its discretion in denying defendant's application to call the complainant at the Wade hearing, without prejudice to a motion to reopen, on the ground that defendant's claims of suggestiveness were purely speculative (People v Taylor, 80 N.Y.2d 1, 15).

Defendant's claim that he was denied his right to be present at a material stage of...

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